Dominguez v. Cloutier
The First DCA granted an emergency habeas petition ordering release of a pretrial detainee unless the trial court set reasonable conditions of release or entered a proper pretrial detention order under section 907.041(5). Judge Ray's concurrence explains that the trial court had ordered pretrial release but conditioned it on a $500,000 bond the undisputed evidence showed the petitioner and his family could not afford (at most $250,000), effectively converting a release order into indefinite detention without following the constitutional and statutory pretrial detention procedure.
Key facts
- Dominguez, a pretrial detainee charged with a non-capital, non-life felony, sought emergency habeas relief after the trial court ordered his pretrial release but conditioned it on a $500,000 bond that he and his family could not afford to pay.
- The trial court did not hold a pretrial detention hearing under section 907.041(5) or make findings supporting detention; instead, it issued a release order with an unaffordable monetary bail amount that effectively prevented the defendant's release.
- +1 more key fact with a free trial
Why it matters
This concurrence provides a rare, citable articulation of the limits on setting monetary bail so high that it functions as de facto pretrial detention without the State meeting its burden under the pretrial detention… — full analysis with a trial
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